State v. Smith
Montana Supreme Court
JUSTICE GRAY delivered the Opinion of the Court. Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing.
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JUSTICE GRAY delivered the Opinion of the Court. Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing. We consider the following issues on appeal: 1. Did the District Court violate Smith’s Fifth Amendment, Sixth Amendment or due process rights by considering Stratford’s report and testimony? 2. Did the District Court violate Smith’s Fifth Amendment or Sixth Amendment rights by considering the 1983 presentence investigation…
1Concurring in part, dissenting in partChief Justice Turnage
I concur with the majority opinion with the exception of its decision on Issue 3, whether the court erred in failing to order a current presentence investigation. In particular, I am concerned that the Court’s opinion would seem to allow consideration of post-offense aggravating circumstances in a resentencing.
In its brief, the State relies upon Smith’s failure to request a new presentence investigation. It does not address the core issue of whether a criminal defendant has a right to a new presentence investigation upon resentencing.
Other combs have held that a new presentence investigation…
2Cases cited5 opinions
- United States v. Jude Somerset HardestyCourt of Appeals for the Ninth Circuit · 1992
- United States v. Carlos Eduardo Fernandez. Appeal of Carlos FernandezCourt of Appeals for the Third Circuit · 1990
- People v. CortezAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BrownAppellate Court of Illinois · 1990
- People v. MunsonAppellate Court of Illinois · 1988